Raymond H. Coe v. John Rodriguez, et al.--Appeal from 81st Judicial District Court of Karnes County

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MEMORANDUM OPINION No. 04-08-00584-CV Raymond H. COE, Appellant v. John RODRIGUEZ, et al., Appellees From the 81st Judicial District Court, Karnes County, Texas Trial Court No. 06-01-00003-CVK Honorable Ron Carr, Judge Presiding PER CURIAM Sitting: Alma L. LÃ³pez, Chief Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: December 23, 2008 DISMISSED FOR WANT OF PROSECUTION To date, appellant has failed to pay the applicable filing fee in this appeal. Texas Rule of Appellate Procedure 5 provides, A party who is not excused by statute or these rules from paying costs must payCat the time an item is presented for filingCwhatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just. TEX. R. APP. P. 5. 04-08-00584-CV On October 29, 2008, we ordered appellant to either (1) pay the applicable filing fee in this appeal or (2) provide written proof to this court that appellant is excused by statute or these rules from paying the filing fee on or before November 28, 2008. See TEX. R. APP. P. 20.1 (providing that party who qualifies as indigent under rule 20 may proceed without advance payment of costs). We warned that if appellant failed to respond within the time provided, this appeal would be dismissed. See TEX. R. APP. P. 42.3(c). To date appellant has failed to pay the filing fee or provide written proof that he is excused from paying the filing fee. We, therefore, dismiss this appeal. See id. PER CURIAM -2-

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